beta
(영문) 창원지방법원 2020.10.08 2020고합173

마약류관리에관한법률위반(향정)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the Act on the Control of Narcotics, etc. (fence) shall be prohibited from administering psychotropic drugs unless a person who handles narcotics, and the defendant is not a person who handles narcotics.

On June 2020, the Defendant administered 2g of psychotropic drugs purchased from D in the middle of Kimhae-si, Kimhae-si, Kim Jong-si, in the manner of inhaleing 2g of cos.

B. Around July 1, 2020, the Defendant administered 1g of the psychotropic drugs purchased from D from Kimhae-si building C in the manner of inhaleing them in cocons.

다. 피고인은 2020. 7. 3. 20:00경 김해시 E에 있는 F 나이트 클럽 내에서 D로부터 구입한 향정신성의약품인 합성대마(JWH-018 및 그 유사체) 1봉지를 담배 안에 집어넣은 후 불을 붙여 흡연하는 방법으로 사용하고, 향정신성의약품인 MDMA(일명 ‘툭락’) 3알은 물과 함께 먹는 방법으로 투약하였다. 라.

At around 02:00 on July 4, 2020, the Defendant administered 1g of the psychotropic drugs purchased from D in the Fetro clubs in Kimhae-si, Kimhae-si, in a manner of inhaleing them in common.

2. Any foreigner who violates the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period;

The Defendant, as a Vietnamese foreigner on November 17, 2018, entered the Republic of Korea as a general official (C-3-4) qualification and continued to stay in the Republic of Korea on November 24, 2018 and violated this, even if the period of stay expires as of November 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the prosecution's protocol of interrogation of the accused, the investigation report (Attachment to an inquiry report on the current status of entry and departure), the investigation report (Attachment to A mobile phone photographing), and the investigation report (additional report) to the accused;

1. Article 59 (1) 5, subparagraph 5 of Article 3, subparagraph 3 (a) (the point of synthetic marijuana medication) of Article 2, and Article 60 (1) 2 of the Narcotics Control Act concerning criminal facts;